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PHARMACEUTICAL RESEARCH AND MFRS. v. THOMPSON

No. 02-5110.

313 F.3d 600 (2002)

PHARMACEUTICAL RESEARCH AND MANUFACTURERS OF AMERICA, Appellant, v. Tommy G. THOMPSON, in his official capacity as, Secretary, United States Department of Health and Human Services, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided December 24, 2002.

Attorney(s) appearing for the Case

John G. Roberts, Jr. argued the cause for appellant. With him on the briefs were Jeffrey Pariser and Darrel J. Grinstead.

Daniel J. Popeo and Richard A. Samp were on the brief for amici curiae Washington Legal Foundation, et al., in support of appellant.

Sushma Soni, Attorney, U.S. Department of Justice, argued the cause for federal appellees. With her on the brief were Roscoe C. Howard, Jr., U.S. Attorney, and Scott R. McIntosh, Attorney, U.S. Department of Justice.

John R. Brautigam, Assistant Attorney General, State of Maine, argued the cause for intervenor Kevin W. Concannon in his capacity as Commissioner of the Maine Department of Human Services. With him on the brief were G. Steven Rowe, Attorney General, and Paul Stern, Deputy Attorney General.

Sarah Lenz Lock, Dorothy Siemon, Bruce Vignery, and Michael Schuster were on the brief for amicus curiae American Association of Retired Persons, in support of appellee.

Before: EDWARDS, HENDERSON, and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

Appellant Pharmaceutical Research and Manufacturers of America ("PhRMA"), an association of drug manufacturing and research firms, challenges a Medicaid demonstration project administered by the State of Maine under the auspices of the Secretary of Health and Human Services ("Secretary" or "HHS"). Maine's program offers low-income citizens a discount on prescription drugs...

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